26 November 1946 PERSONAL Captain Luke Lea, Jr. Civil Affairs Division War Crimes Branch 4D 935 Pentagon Building Washington, D. C. Dear Luke: Since writing you a few days ago it has occurred to me that it would be very helpful if we had available for reference any briefs prepared by the attorneys at Nuremburg on the questions of: 1) Waging of aggressive warfare as a crime in violations of international law and treaty obligations; and 2) Individual responsibility for acts performed in an official capacity. I mentioned these matters to Mr. Keenan who, as you know, expects to return to the United States very shortly. I think he will make an effort to obtain such briefs if they exist, but I am afraid his effort will be delayed so long that the information may come too late. Will you please discreetly inquire and handle these matters in such a manner that it will not be considered as having come from me? Defense counsel and the Tribunal were rather critical of Mr. Ballantine’s affidavits because it contained so many matters of opinion and conclusion, but the practical value of Mr. Ballantine’s testimony is none the less very great. The discussion through Mr. Ballantine will be very helpful in clarifying many matters regarding our policy and together with documentary evidence introduced in my phase and the French phase will destroy, I think the defense of encirclement. I saw Admiral Bledsoe a short time ago, and he asked to be remembered to you. With all best wishes, I am Sincerely yours, Frank S. Tavenner, Jr.